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<br />May, 7. 2004 10:43AM <br /> <br />Cass County HighwaY Dept. <br />CASS COUNTVIllCllWAY DF..PARTMENT <br />AGID:EMKNT <br /> <br />No.0087 <br /> <br />p. 2 <br /> <br />This agreement made anti l'ntered into by Cass County. North Dakota, parly of the nrst part, and Mark Sand & Gravcl Dakotfl <br />Co. d/b/a Gut¿rnl~ Sand. & Gravel Co, party of the second pan. (hereumfll:r called Contractor), W lTNESSETH: <br /> <br />I. That for and .in l\onsideration of the paymcnts to be made by the pnr~y of the tir~t part, I.he contructor prnl1li~es ann agrees <br /> (J ful1lish and deliver all labor, e"'-Iuipment, and materials, and 10 payor cause t.o be puid as they become dlle, all claims tiJf any work, <br />labor, materials, t""-Iuipment, incll,lding equipment rental or repair, and øther supplies 01' insurnn~~ p",Ißiums, all of which art: IIltributahlc <br />to or uti1i7.erl in road rt:Pllir operation~ on and ¡¡tljlleent to County and Township Highway.~ within Cass County. The contractor shall <br />ful'llish Clliss 13 gravel only and as directed. In accordance and in conformity with the provisions of this Contrdet and the Standard <br />Specificulions liJr Road and Bridge Construction which art: hereby made a part of Ihis agreement a.~ fully £lad to the same effect a<; if <br />the same had been set forth in the body of this agreement. References in the Standard Spedfication~Jor Rnacl and U1'ÌtI~e C()]J~, <br />2002 edition, to the North Dakota Depa.runent ofTransportatioll or lJepllrtment I11Il'lt he construed as refe1TÏ11g t.o the OW!ll~r. Likewise, <br />a l'efereuCt' by the same works 1.0 enginecr or dil'ector must be construed as l'eferr.ing to the owne.r of the project. <br />2. The party of the first partligTees and promises to PHY to the Contractor [or sliid work, when compldeJ and ace.cpted in <br />lIeeoruance with the provisions of this contract. Class 13 grave] at. $3.05 peHubie yarrlloaded, 01. Lisbon, ND site. <br />The estimated minimum quantity is 35,000 cubic yards. <br />3. Thl~ said work shall be done in accordance with the temlS of this contract, ¡IOU the laws ohhe Smte of North Dakot1 subject <br />at all times to !ht' in.spcetion and approval of the engineer. <br />4. The deci5jon of the engineer upon questions connected with the execution ofthi5 agreement or any failure 01' de1¡¡y in the <br />~)rosecution or the work by IDe Contmetor shaH be flllOllind conclusive. <br />5. In Ill~\ employment of labor, other things being equal, preference shall be given to honorably discharged soldiers, sailors <br />and marines, and bona fide North Dakota residents, as determined by NDCC Section 43-07-20. <br /> <br />CASS COUNTY NORTI1DAKOTA <br /> <br />Rohyn Sof1lm, Chaimlan <br />CIISS County Commission <br /> <br />Date <br /> <br />Mark San!! & Gravel Dtlkota Co. dIh/a (iutzmt:r Sand I¥- Gravel Co. <br />C(Jntr'8Cl.or <br /> <br />Uy <br /> <br />Dole <br /> <br />Title <br /> <br />Corpomte Executive <br /> <br />""""'¡'~"""""'.'."""""""""-"""".'" ,."...'~,_".,. <br />